Allahabad High Court
Satya Narain Kushwaha vs State Of U.P. on 16 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1950 of 2018
Applicant :- Satya Narain Kushwaha
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the present case due to dispute of money. The first informant by residing in Allahabad for the last 12 years is doing the business of fixing the tiles in houses while the applicant is doing labour work with the first informant and the labour charge of the applicant is paid by the first informant and since an amount of Rs. 10,000/- became due to be paid by the first informant and a dispute arose in between the applicant and first informant. The police of police station Kydganj, District Allahabad taken the applicant as well as the first informant to the police station sometime in the year 2016 where the first informant paid Rs. 1200/- and Rs. 500/- to the applicant and the matter was settled by the police. The payment of labour charge of the applicant was due upon the first informant and applicant refused to do work with him due to which the applicant has falsely been implicated in the present case. The FIR of the alleged incident has been lodged with the delay of 10 days and the statement of mother of victim was recorded after more than 8 months. the statement of victim has not been recorded under section 164 Cr.P.C. In medical report no mark of injury has been found on the person of victim. In fact, false story has been concocted by the informant. The applicant has not committed the alleged offence. The applicant is languishing in jail since 24.8.2017. In this case no witness has been adduced on behalf of prosecution till date. The applicant has no criminal history.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Satya Narain Kushwaha involved in Case Crime No. 196 of 2016, under section 376, 511 IPC read with section 7/8 POCSO Act, P.S. Kydganj, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.4.2019
Masarrat
